(unless spouses), detained minors who are not with their parents, and detainees in
different security risk categories should all be kept separately. Unaccompanied minors
should not be detained. Each detainee must be provided with food served at defined
intervals, with not more than 14 hours between the evening meal and breakfast the next
day. The DHA must provide the means for every detainee to keep his or her person,
clothing, bedding and room clean and tidy. Human Rights Watch found violations of
the prescribed standards for conditions of detention at both Musina and Makhado police
stations, and heard of other violations from detainees awaiting deportation.
The violations of prescribed standards for detention contravene the constitution. Section
28(1)(g) of the constitution protects all children from detention, unless it is a measure of
last resort, in which case children must be kept separately from detained persons over 18
years old. In September 2004 the Pretoria High Court ruled that unaccompanied foreign
children must be dealt with under the provisions of the Child Care Act rather than the
Immigration Act.114 Section 35(2)(e) of the constitution stipulates that everyone who is
detained has the right “to conditions of detention that are consistent with human
dignity, including at least exercise and the provision, at state expense, of adequate
accommodation, nutrition, reading material and medical treatment.” International
standards provide similar provisions for the minimum standards of conditions of
detention.115
At Musina police station, often over 80 men, women, and children slept outside in a
fenced area. In bad weather the detainees are brought into an adjacent roofed area. The
men and women were evidently made to sleep separately. Inside the outdoor “cell”
there were a few toilets. The only drinking water was outside the fenced area. Each
detainee was provided with a blanket and no mattress. Human Rights Watch observed
breakfast being served to detainees through the fence. The evening meal was reportedly
served around 4:30-5:00 p.m. and breakfast at about 9:30 a.m.—an interval between
meals that exceeded the regulated maximum 14-hour limit. Those who were brought to
the police station after dinner and put on transport for deportation before breakfast
missed two meals.
114
Landau, Ramjathan-Keogh and Singh, “Xenophobia in South Africa and Problems Related to it,” p. 16.
ICCPR, article 10, stipulates that “all persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person.” UN documents setting out specific guidelines for basic
standards of state practice include the Standard Minimum Rules for the Treatment of Prisoners, adopted 1955
by the First UN Congress on the Prevention of Crime and Treatment of Offenders,
http://www.unhchr.ch/html/menu3/b/h_comp34.htm; the Body of Principles for the Protection of All Persons
Under Any Form of Detention or Imprisonment, December 9, 1988, G.A. Res. 43/173,
http://www.unhchr.ch/html/menu3/b/h_comp36.htm (accessed July 30, 2006); and the Basic Principles for the
Treatment of Prisoners, adopted December 14, 1990, G.A. Res. 45/111,
http://www.unhchr.ch/html/menu3/b/h_comp35.htm (accessed July 30 2006).
115
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HUMAN RIGHTS WATCH VOLUME 18. NO. 6(A)
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